Fulton v. Vines et al

Filing 18

MEMORANDUM ORDER overruling objections and adopting 15 Report and Recommendation. Signed by Judge Ron Clark on 3/8/11. (tkd, )

Fulton v. Vines et al

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHARLES FULTON VS. PATRICIA VINES, ET AL § § § CIVIL ACTION NO. 1:09CV758

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff, Charles Fulton, an inmate formerly confined at FCC Beaumont, proceeding pro se, filed this action against Patricia Vines, Jody R. Upton, Shelli Ray, Oscar Salinas, and the U.S. Parole Commission. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends this action be dismissed. The court has received and considered the Report and Recommendation of the United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and applicable law. See Fed. R. Civ. P. 72(b). After careful consideration, the court finds the objections lacking in merit. As the magistrate judge correctly concluded, Plaintiff's Bivens claims are barred by Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364 (1994). Furthermore, Plaintiff's FTCA claim is barred by the applicable statute of limitations, and Plaintiff has failed to demonstrate sufficient grounds to warrant equitable tolling. ORDER Accordingly, Plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate

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judge's recommendations.

So ORDERED and SIGNED this 8 day of March, 2011.

___________________________________ Ron Clark, United States District Judge

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